JACKSONVILLE, Fla. – The three teens in the SUV that 17-year-old Jordan Davis was in when he was shot and killed testified Friday in the murder retrial of Michael Dunn.
Tevin Thompson, Leland Brunson and Tommie Stornes all said Davis was in good spirits that night and Dunn was upset about the loud music. And they were all clear that Dunn was the only person who had a gun.
The teens said they were with Davis out on a Friday night to pick up girls when they stopped at the gas station so Stornes could by cigarettes and gum. They admit the rap music was blaring.
Thompson, Davis' close friend who was in the front passenger seat of the SUV that night, said Dunn pulled up next to them and appeared upset about the loud music.
Thompson said he turned it down when Dunn asked them to, but then Davis told him to turn it back up. Davis also cursed at Dunn, Thompson said. And shortly after, Dunn started shooting.
"What did the defendant do then with the gun that he had in his hand?" prosecutor John Guy asked.
"He aimed towards Jordan's door," Thompson said.
"What did the defendant do after he aimed the gun at Jordan's door?" Guy asked.
"He started to fire," Thompson said.
"What did (driver) Tommie Stornes do when the defendant started firing the gun?" Guy asked.
"Put the car in reverse," Thompson said.
Thompson said Davis never threatened Dunn, and no one in the SUV had a gun.
Leland Brunson, the teen sitting next to Davis in the backseat, testified after Thompson.
"Did you ever hear Jordan Davis threaten to hurt or kill the driver of the other car," Guy asked.
"No," Brunson said.
"Did you ever see anything in Jordan Davis' hands when he was talking to the driver?" Guy asked.
"Yes, a cellphone," Brunson said.
"How about a shotgun? Did you see him with a shotgun in his hand? Point a shotgun out the window? Did he have a shotgun?" Guy asked.
"No," Brunson said.
He said after Davis was shot, "he had collapsed into my lap. I was checking to see if he got shot."
"With your hands?" Guy asked.
Yes, when I realized there was blood on my hands, that's when I told everybody that we needed to go back," Brunson said.
Stornes then took the stand and testified that once the initial shots were fired, he backed the SUV out of the spot and sped off into an adjacent parking lot.
"I seen his firearm come up into my view," Stornes said.
He said when he realized Davis had been shot, he returned to the Gate to get help.
"He was gasping for air," Stornes said of Davis, adding that he wasn't moving.
Dunn's defense team cross-examined each witness, questioning their stories and trying to raise reasonable doubt about their accounts, implying that a tripod in their backseat could have been construed as a gun.
"Those are cylindrical, meaning they look like a pipe, pipe-shaped legs, right?" defense attorney Waffa Hanania said. "You don't know about anything that Mr. Davis may have done while you were outside of the car, correct?"
"Correct," Stornes said.
Dunn's defense attorneys asked whether the boys may have spoken to each other to come up with a one story about what happened. They all denied that. The defense also brought up that Stornes was on probation at the time and wasn't allowed to be out after dark.
Earlier Friday, prosecutors called Shawn Atkins (pictured), a witness to the Nov. 23, 2012, shooting, to testify. He entered the courtroom in handcuffs because he is currently serving seven years in state prison for selling stolen merchandise. Atkins has not been offered any kind of deal to testify.
Atkins said he saw Dunn shoot into the SUV and then speed off.
"I started hearing gunshots. I heard two before I looked over," he said. "It sounded like firecrackers. I thought it was a joke. Then I looked over and saw the red Durango pulling out real fast, and then I saw a white man in a black car shooting."
Atkins is the one who memorized Dunn's license plate number, helping police track him down.
Also Friday, a brother and sister, Christopher and Alyssa LeBlanc, testified about seeing the teens in the SUV as they pulled into an adjacent parking lot and quickly got out of the car.
"DId you ever see anything that looked like a weapon of any kind in the hand of the driver or the front passenger?" Guy asked.
"No sir," Alyssa LeBlanc said.
The defense team also cross-examined the witnesses and at one point implied they didn't pay close enough attention to notice if the teens in the SUV had a gun. Defense attorney Kevin Carlisle questioned Christopher LeBlanc, saying it was dark and he wasn't watching the SUV closely because he was watching his son, insinuating the teens could have stashed a gun.
Two evidence technicians with the Jacksonville Sheriff's Office who examined the SUV after the shooting also testified Friday afternoon before court was recessed for the evening.
The trial will continue at 9 a.m. Saturday.
Anyone interested in attending the proceedings may obtain an application for general public seating at the trial by visiting michaeldunntrial.com. A lottery-style drawing will be held each afternoon for the next day's proceedings. Those selected will be notified by phone.
Completed applications must be turned in no later than 4:30 p.m. the day before the requested date to attend the trial. The location to turn in applications or obtain a blank application is the Prime Osborn Convention Center at 1000 Water St. Use the north entrance on Bay Street.